The Answer Arrived Twice
Priced in a Room argued that the largest open question about Kalshi was binary and near-term: federally regulated derivatives market or unlicensed gambling operation, to be answered by courts and regulators within a year or two. Eight days later the Ninth Circuit answered it, affirming the dissolution of Kalshi's injunction against Nevada's gaming regulator. Five days after that, New Jersey asked the Supreme Court to answer it again, because the Third Circuit had already ruled the other way in April. Much of the coverage says the Ninth Circuit held that sports event contracts are not swaps. It did not. The posture is a preliminary injunction, so the finding is that Kalshi did not show a likelihood of success on preemption, not a merits ruling. Anyone marking a position off the headline is marking off a decision that has not happened yet. This piece looks at what a circuit split and a certiorari petition actually do to the question, and why the answer that arrived is not the one the 20 August piece expected.










